When you use a health or disability service in New Zealand, you have the protection of a Code of Rights. The Code of Health and Disability Services Consumers’ Rights provides 10 rights. Your tenth right (10) is…
Right to complain
(1) Every consumer has the right to complain about a provider in any form appropriate to the consumer.
(2) Every consumer may make a complaint to—
(a) the individual or individuals who provided the services complained of; and
(b) any person authorised to receive complaints about that provider; and
(c) any other appropriate person, including—
(i) an independent advocate provided under the Health and Disability Commissioner Act 1994; and
(ii) the Health and Disability Commissioner.
(3) Every provider must facilitate the fair, simple, speedy, and efficient resolution of complaints.
(4) Every provider must inform a consumer about progress on the consumer’s complaint at intervals of not more than 1 month.
(5) Every provider must comply with all the other relevant rights in this Code when dealing with complaints.
(6) Every provider, unless an employee of a provider, must have a complaints procedure that ensures that—
(a) the complaint is acknowledged in writing within 5 working days of receipt, unless it has been resolved to the satisfaction of the consumer within that period; and
(b) the consumer is informed of any relevant internal and external complaints procedures, including the availability of—
(i) independent advocates provided under the Health and Disability Commissioner Act 1994; and
(ii) the Health and Disability Commissioner; and
(c) the consumer’s complaint and the actions of the provider regarding that complaint are documented; and
(d) the consumer receives all information held by the provider that is or may be relevant to the complaint.
(7) Within 10 working days of giving written acknowledgement of a complaint, the provider must,—
(a) decide whether the provider—
(i) accepts that the complaint is justified; or
(ii) does not accept that the complaint is justified; or
(b) if it decides that more time is needed to investigate the complaint,—
(i) determine how much additional time is needed; and
(ii) if that additional time is more than 20 working days, inform the consumer of that determination and of the reasons for it.
(
As soon as practicable after a provider decides whether or not it accepts that a complaint is justified, the provider must inform the consumer of—
As soon as practicable after a provider decides whether or not it accepts that a complaint is justified, the provider must inform the consumer of—(a) the reasons for the decision; and
(b) any actions the provider proposes to take; and
(c) any appeal procedure the provider has in place.
The full Code of Rights is available on the Health and Disability Commissioners website: